You need to approach court for the same but if you are not allowing him for other alternatives for hanging child you can’t stop him from surrogacy. Surrogacy is not illegal in india there are guidelines but not a framed law in support for surrogacy 

No need to bow down to pressure tactics 

2) you  cannot be forced to have surrogate child 

3) if husband files for divorce you can contest divorce proceedings 

4) contested divorce proceedings take 8 years to be disposed of in bombay 

He cannot force you to have surrogate child against your willingness. 

A new amendment introduced in March 2023 to Form 2 read with Rule 7 of the Surrogacy Rules specifies that donor eggs cannot be used for gestational surrogacy of an intending couple.

There is a blanket ban for surrogacy as per the latest amendment.

Currently, the Indian Government only allows altruistic surrogacy for which no monetary compensation can be provided.

Therefore he cannot force to go for surrogate child.

If he is threatening to file divorce case, you can challenge the same properly in court of law and put up a stiff resistance.

- As per Hindu Marriage Act, the non-consummation of marriage is ground for divorce. 

- However if you don't want divorce , then he cannot get without your consent and only on the ground of non-consummations..

- Further, you cannot be forced to have a child through the surrogacy against your consent. 

Dear Client,

I'm sorry to hear about the challenges you're facing in your marriage. It sounds like you're dealing with multiple issues, and it's essential to address them carefully and thoughtfully. Firstly, regarding the lack of consummation due to your husband's erectile dysfunction (ED), it's crucial to have open and honest communication with your husband about how this affects both of you. Seeking professional help, such as therapy or counseling, might provide a safe space to discuss these intimate matters and explore potential solutions or compromises. Regarding your husband's insistence on having a child, it's essential to consider various factors, especially considering your age and the potential risks associated with pregnancy at 46. It's commendable that you're cautious about the idea of using a donor egg and considering the implications for yourself. However, surrogacy and fertility treatments are significant decisions that both partners should agree on, especially when using their genetic materials. Concerning your husband's drinking problem and financial instability, these are serious issues that can significantly impact family life and the upbringing of a child. It's important to address these issues before bringing a child into the picture. Encouraging him to seek help for his drinking problem, such as therapy or support groups, might be beneficial.

Regarding the legality of surrogacy, if your husband intends to pursue it without meeting the legal requirements outlined by the Surrogacy (Regulation) Act, 2021, you might have legal grounds to prevent it. The law in India outlines specific conditions and restrictions for surrogacy, and if these conditions are not met, the surrogacy arrangement could be deemed illegal. You can reach out to us for further assistance